Attempted murder by poisoning (NRS 200.390) carries harsher penalties in Nevada than attempted murder by other means. You face life in prison, the standard sentence for first-degree murder.

In this article, our Las Vegas criminal defense attorneys discuss the following topics:

• 1. The Elements
• 2. Defenses
• 3. Penalties
• Additional Resources

1. The Elements

For you to be convicted in Nevada of “attempted murder by poisoning,” prosecutors must prove the following elements beyond a reasonable doubt:

1. You willfully and maliciously
2. administered poison (or caused poison to be administered)
3. to a person
4. with the intent to kill that person.

A poison is any noxious or destructive substance or liquid.¹

Therefore, this crime is identical to attempted murder except that poison is the murder weapon. Note that you are not liable for violating NRS 200.390 if you did not mean to kill the victim.

Example: Jan was preparing her husband’s favorite stew dinner. She reached into the cabinet for oil but carelessly grabbed a bottle of cleaning liquid and poured it into the pot. At dinner her husband digs into the dinner and starts convulsing. He is rushed to the hospital where he nearly dies.

The police arrest Jan for attempted murder by poisoning. Though if the prosecution cannot prove that Jan intended to kill her husband, the charge should be dismissed.

Note that if Jan’s husband had died, she would probably be charged with first-degree murder. Though as with attempted murder charges, Jan would not be liable because she never meant to kill her husband. If anything, Jan may be convicted of the lesser crime of involuntary manslaughter for negligently causing her husband’s death.

Also see our article on murder by drugs (NRS 453.333) and battery with substantial bodily harm.

2. Defenses

Here at Las Vegas Defense Group, we have represented countless people charged with homicide and attempted homicide, including attempted murder by poisoning. In our experience, the following defenses have proven very effective with judges, juries, and prosecutors at getting these charges reduced or dismissed.

• You had no intent to kill. You may not be convicted of NRS 200.390 unless the court finds you meant to cause the death of the victim. Therefore if we can show the incident was an accident or inadvertent, then the charge should be dropped.
• There was no poison. Perhaps the substance the “victim” ingested was not poison at all. If we can show that any substance you administered was not poisonous, then you should not be criminally liable for attempted murder by poisoning.
• There was police misconduct. Perhaps the police committed an unlawful search or coerced your confession. If we can get the court to suppress the state’s evidence because of the police’s misconduct, the D.A. may be forced to drop your case for lack of proof.

The prosecution bears the burden to prove that you are guilty beyond a reasonable doubt. As long as we can show that the prosecution’s evidence is too unsubstantial, unreliable or inaccurate to sustain a conviction, then the attempted murder by poison case should be dismissed.

Note that self-defense may be a feasible defense in certain attempted murder by poisoning cases.

Example: Henry in North Las Vegas is raging against his wife by swinging a knife at her in the kitchen. Afraid that he is about to maim or kill her, she grabs a can of bug repellent on the counter and sprays it into his mouth, causing him to nearly die. Here, she should not be prosecuted because she acted in lawful self-defense.

3. Penalties

Attempting to kill a person with poison is a category A felony in Nevada. The punishment includes either:

• life in state prison with the possibility of parole after 5 years, or
• 15 years in prison with the possibility of parole after 5 years.²

Below are the punishments for related offenses.

Attempted Murder Without Poison

Attempting to kill a person without poison is only a category B felony. The punishment includes two to 20 years in prison. However, the judge may as much as double the penalty if:

• The victim was 60-years old or older, or
• You used a deadly weapon.³

First-Degree Murder

Willfully killing someone by poisoning them is a category A felony.  The punishment includes either:

• The death penalty,
• Life in prison with no possibility of parole,
• Life in prison with the possibility of parole after 20 years, or
• 50 years in prison with the possibility of parole after 20 years.⁴

Involuntary Manslaughter

Negligently causing the death of someone with poison is a category D felony, carrying a sentence of:

• 1 to 4 years in prison, and
• Up to $5,000 in fines.⁵

Additional Resources

To learn more about poisoning symptoms and treatment, refer to the following:

• Poison Help – First aid resources provided by the Health Resources and Services Administration.
• Poisoning First Aid – Information by the Mayo Clinic.
• Poison.org – Call the National Capital Poison Center at 1-800-222-1222 for help.
• Poison Exposure: Signs, Symptoms, and First Aid – Information provided by the American Red Cross.
• First Aid: Poisoning (for Parents) – Guide by KidsHealth.org.

---

Legal References